On The Limited Application Of The Temptation Of The Administrative Investigation

With the complexity, concealment, mobility of the cases of administrative violations enhancing, the temptation of administrative investigation is widely used in administrative practice. To deal with some complicated, concealment case of violations, the law enforcement officer specially designed some induced relative committing an offense situation or to provide conditions and opportunities, so that it can collect information and evidence.This special investigation way is the temptation of administrative investigation.Administrative law enforcement officer collect evidence by means of temptation investigation that can make up for the deficiency of the traditional law enforcement tools.At the same time it also accompany with the assets of being violated of the personal property, personal human rights of the people who were investigated. The temptation investigation appear as a "double-edged sword" in the administrative areas. We must carry on the rational thinking to it.We can’t deny the temptation investigation’s application in the administrative areas completely for some illegal law enforcement behavior in separate cases as the "fishing enforcement" in Shanghai. At the same time, the administrative law enforcement officers can’t abuse the administrative temptation investigation because of the convenience it brings to them. For the behavior extremely likely violate citizens’ human rights.The dialectical methods to comprehend the temptation investigation is, through the establishment of limited applicable administrative legal framework of temptation investigation (just as the definite law enforcement officers, tangible applicable scope, determined applicable object, and starting and approving program by law),and the establishment of the relief mechanism of protecting the legal rights of the man who are investigated, we can distinguish between " inducible criminal intent " and "the opportunity to provide". Through a law regulating reserve "opportunity to provide" and absolutely forbidden "inducible criminal intent ",the temptation investigation can run well within the scope of the framework of the law.